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Section 15A was added with effect from 30 December 2002. The Minister of Trade and Industry may declare an event (which means a show, exhibition or competition of a sporting, recreational or entertainment nature which is held in public as newsworthy or attracts public attention and is financed or subsidised by commercial sponsorship and includes a broadcast) a “protected event” if he is satisfied that the staging of the event is in the public interest and creates sufficient opportunities for small businesses and particularly those of previously disadvantaged communities.

Once an event is so declared, for a specific time (which may not be longer than the month after the termination of the event), no person may use any mark or trade mark in relation to that event and thereby derive special promotional benefit from the event, without the prior authority of the organisers of the event. Any person not complying is guilty of an offence. The prohibition extends to the use of visual reproduction and available reproductions of the trade marks or marks or use in promotional activities which directly or indirectly bring the trade mark or mark into association with or allude to the event.

Our team is equipped to handle all aspects of litigation in respect of ambush marketing.

Contact one of our ambush marketing professionals

  • Alicia Kabini

    Alicia Kabini is a Partner in the trade mark enforcement department. She specialises in trade mark litigation, including domain name disputes, company name objections, ASA disputes and passing off matters. She also has experience in anti-counterfeiting matters.

  • Amina Suliman

    Amina is an admitted attorney, notary public and conveyancer as well as a qualified trade mark practitioner. She is a member of the Legal Practice Council and a fellow of the South African Institute of Intellectual Property Law.

  • Dale Healy

    Dale Healy is a partner in the firm’s Trade Mark Litigation section. He was admitted as an attorney in 2005 and became a Fellow of the South African Institute of Intellectual Property law in the same year.

  • Darren Olivier

    An experienced intellectual property advisor with over 20 years experience gained in local and international law firms as well as in-house. Especially interested in IP management (primarily brands), prosecution, commercialisation and enforcement in Africa but worked for a decade in London, focusing on Europe.

  • Debbie Marriott

    Debbie Marriott is a Partner in the Trade Mark Litigation department, and is admitted as a Solicitor in the UK in addition to being a South African Attorney.

  • Gérard du Plessis

    Gérard du Plessis is a senior partner of the firm and has served as the Chairman of Adams & Adams from 2013 to date. Prior to that he also served for a number of years as Trade Mark Department Co-Chairman(litigation).

  • Godfrey Budeli

    Godfrey Budeli is one of the partners in Trade Mark Litigation section with 14 years’ post admission experience and is currently heading up the Anti-Counterfeiting team.

  • Jan-Harm Swanepoel

    Jan-Harm is a Senior Associate in the Anti-Counterfeiting Department. He obtained his LLB from the University of Johannesburg, completed his articles and joined the Department of Justice as a public prosecutor in 2007.

  • Jani Cronjé

    Jani Cronjé is a partner in the firm’s Trade Mark Litigation department. She specialises in trade mark oppositions and cancellations, trade mark infringement and passing-off disputes, domain name complaints, ASA complaints and copyright infringement matters.

  • Jenny Pienaar

    Jenny is a partner in the Adams & Adams Trade mark Department. Her areas of practice include trade mark litigation, domain name registration and securing domains from unlawful proprietors, as well as litigation relating to copyright, passing-off, unlawful competition, company name objections and related issues.

  • Dakalo Luvhimbi

    Dakalo Luvhimbi is a Senior Associate in the Trade Mark Litigation department. She obtained her LLB degree from the University of KwaZulu Natal in 2008. She was admitted as an attorney in 2011. She is also a qualified member and fellow of the South African Institute of Intellectual Property Law.

How can we help you?

We have offices in Pretoria, Cape Town, Sandton and Umlanga , please contact your nearest office for any legal enquiry or assistance.